Family violence is a serious issue with significant legal ramifications in Texas. It's crucial to understand what constitutes family violence under state law, as it impacts everything from protective orders to criminal charges. This blog post aims to clarify the legal definition and provide resources for those affected.

In Texas, the definition of "family violence" is outlined in the Texas Family Code, Chapter 71.004. It's broader than many people might initially assume, encompassing more than just physical assault. According to the code, family violence means:

"an act by a member of a family or household against another member of the family or household that is intended to cause physical harm, injury, assault, or sexual assault, or a threat that places the member in fear of physical harm, injury, assault, or sexual assault."

Let's break down key components of this definition:

1. "An Act by a Member of a Family or Household Against Another Member"

This part is critical. Family violence, by definition, must occur between specific individuals. The Texas Family Code also defines "family" and "household":

  • Family (Texas Family Code, Chapter 71.003): Individuals related by consanguinity (blood) or affinity (marriage), or foster parents and foster children, and those who are former spouses of each other. This includes parents, children, siblings, grandparents, stepparents, and in-laws.
  • Household (Texas Family Code, Chapter 71.005): A group of individuals living together in the same dwelling, regardless of whether they are related by blood or marriage. This is important because it covers situations like roommates or unmarried partners living together.
  • Dating Relationship (Texas Family Code, Chapter 71.0021): While not explicitly "family" or "household," violence in a dating relationship is covered under Chapter 71, Subchapter B of the Family Code when it comes to protective orders. A "dating relationship" is defined as a relationship in which the individuals have or have had a continuing relationship of a romantic or intimate nature.

2. "Intended to Cause Physical Harm, Injury, Assault, or Sexual Assault"

This highlights the intent behind the action. It's not just about the outcome, but the perpetrator's intention to cause harm.

  • Physical Harm/Injury: This is straightforward and includes visible marks, bruises, broken bones, etc.
  • Assault (as defined in the Texas Penal Code, Chapter 22): This includes intentionally, knowingly, or recklessly causing bodily injury to another; intentionally or knowingly threatening another with imminent bodily injury; or intentionally or knowingly causing physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.
  • Sexual Assault (as defined in the Texas Penal Code, Chapter 22): This involves non-consensual sexual contact.

3. "Or a Threat That Places the Member in Fear of Physical Harm, Injury, Assault, or Sexual Assault"

This is a very important part of the definition, as it means physical contact is not required for an act to be considered family violence. Threats, intimidation, and emotional abuse that create a credible fear of harm can also qualify. This includes:

  • Verbal threats of violence.
  • Displaying weapons in a threatening manner.
  • Destroying property in a way that instills fear.
  • Stalking behavior that causes fear for safety.

What About Emotional or Financial Abuse?

While the Texas Family Code's direct definition focuses on physical and sexual harm or threats, emotional and financial abuse are often significant components of family violence situations. While they may not always directly trigger a "family violence" legal finding on their own, they are often used as evidence in protective order cases to demonstrate a pattern of coercive control and to support claims of fear of physical harm.

For example, a court may consider evidence of severe emotional manipulation or financial control when deciding whether a threat of physical harm is credible or whether a protective order is necessary to prevent future violence.

Why Does This Definition Matter?

Understanding what qualifies as family violence in Texas is crucial for several reasons:

  • Protective Orders: If a court finds that family violence has occurred, it can issue a protective order, which is a civil court order designed to protect victims from further abuse. These orders can prohibit the abuser from coming near the victim, contacting them, possessing firearms, and may even grant temporary custody of children.
  • Criminal Charges: Acts of family violence can lead to criminal charges, such as assault family violence, aggravated assault family violence, or continuous violence against the family. These charges carry serious penalties.
  • Divorce and Child Custody: Findings of family violence significantly impact divorce proceedings and child custody decisions. Courts prioritize the safety and best interests of children and may restrict or supervise an abuser's contact with them.
  • Resource Access: This legal definition allows victims to access specific resources, shelters, and legal aid services dedicated to family violence survivors.

External Resources

If you or someone you know is experiencing family violence, please reach out for help.

  • Texas Council on Family Violence (TCFV): The statewide coalition dedicated to ending family violence. They offer resources, information, and a directory of local shelters and programs.
  • National Domestic Violence Hotline: Provides 24/7 confidential support for victims of domestic violence.
  • Texas Law Help - Protective Orders: Information on how to obtain a protective order in Texas.
  • Texas Penal Code, Chapter 22 (Assaultive Offenses): For details on criminal assault definitions.
  • Texas Family Code, Chapter 71 (Definitions): For the precise legal definitions of family violence, family, household, and dating relationship.

Video: What Qualifies as Family Violence in Texas?

Here is a video explaining further what qualifies as family violence in Texas.

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